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California to Ban Chemicals Used as Flame Retardants

Reacting to research showing the rapid accumulation of widely used flame retardants in humans and wildlife, California will become the first state to ban the chemicals, which are suspected of contributing to learning disorders, attention deficit and hyperactivity in children.

Gov. Gray Davis signed legislation today that eventually will ban flame retardants known as polybrominated diphenyl ethers or PBDE's. The chemicals, developed in the 1960's, are found in the plastics and foams. The ban will start in 2008, a compromise date set by the chemical industry and state legislators.

''These chemicals are everywhere -- in electronic equipment, television sets and upholstery,'' Mr. Davis said. ''They cause great damage to the thyroid and can short-circuit the brain.''

On the same day as the filing deadline for challengers in a recall election, Mr. Davis took time to ceremonially sign the measure at a health center here and to praise Wilma Chan, the state Assembly majority leader, who worked with industry to create the ban.

Of the chemicals besides pesticides that humans and wildlife absorb from the environment, only three -- mercury, lead and polychlorinated biphenyls or PCB's -- are known to harm health at levels that accumulate in the body. PBDE's, scientists say, are a strong candidate to be a fourth. They appear to be traveling widely, showing up in polar bears, dolphins and sperm whales.

California is following the lead of the European Union, which imposed a similar ban this year, prompted by a Swedish study that reported the levels of the chemicals in breast milk in Sweden had increased fortyfold from 1972 to 1997. China and South Korea are considering bans.

The federal Environmental Protection Agency is analyzing the effect of the chemicals. Lisa Harrison, a spokeswoman, said it was evaluating information from the industry and would ''make recommendations whether additional hazard and exposure information is needed.''

Research shows that the level of the chemicals in the breast milk of North American women is the highest recorded, the California Environmental Protection Agency said. The median level in the breast milk of California women is 3 to 10 times as high as the level in the milk of European women, the agency said.

The levels in some American women and babies are close to levels harmful to newborn mice. Scientists say levels in people and wildlife in the United States are rising rapidly.

Scientists liken PBDE's to PCB's, industrial chemicals that were banned in 1977 for their environmental hazard and harm to humans. The chemicals, which have similar structures, accumulate in body fat and take decades to break down in the environment.

''All you have to do is look at the molecule and say, 'This is a bad scene,' '' said Ross Norstrom, an environmental chemist who retired from Environment Canada, a government agency, in June.

''Our primary concern is that PBDE disrupts the thyroid hormone balance and causes harm to the developing brain,'' said Tom McDonald, a toxicologist with the California Office of Environmental Health Hazard Assessment. ''We're talking about subtle effects: hyperactivity, hearing loss, less ability to learn.''

The rise in PBDE's apparently is occurring in part because the chemicals became more widely used as governments raised flammability resistance requirements for products. California has one of the most stringent antiflammability requirements in the country, though the California environmental toxicologists say tests show that women from Indiana, Colorado, New York, Texas and Canada have levels of PBDE's similar to those of California women. Scientists say it is unclear how PBDE's are getting into humans. California environmental scientists say they have observed high levels of PBDE's in household dust.

There are three types of PBDE's -- penta, octa and deca. The European Union and California legislation ban only penta and octa, because they show up in humans and wildlife, though there is some concern that the deca form may be decomposing into the other forms.

The penta form is added to foam in cushions and mattresses, while octa and deca are put into plastics.

Great Lakes Chemical in Indianapolis is the primary producer of PBDE's. It lobbied to have the California ban take effect in 2008, rather than 2006, and has begun looking for flame retardant substitutes.

In response to the rising concern, a number of companies, including Intel, Ikea and Sony, are phasing PBDE's out of their products.

States generally defer to the federal government in regulating toxic chemicals because of the scientific and financial burden of studying them. The emerging research, however, prompted Ms. Chan, the majority leader of the state Assembly, to propose a ban, which drew the support of the California Environmental Protection Agency.

Winston Hickox, secretary of the agency, characterized the federal policy as ''inaction.''

''It seemed to us to be irresponsible for us not to address these health risks,'' Mr. Hickox said.

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A version of this article appears in print on August 10, 2003, on Page 1001014 of the National edition with the headline: California to Ban Chemicals Used as Flame Retardants. Order Reprints|Today's Paper|Subscribe